Schuelke waives prelim exam

Greg Schuelke waived his right to a preliminary examination Tuesday morning in 88th District Court on the condition he be allowed to plead guilty in 26th Circuit Court and be sentenced under the Holmes Youthful Training Act.

Schuelke, an Alpena resident, has been charged with false report or threat of bomb, which is a four year felony and/or $2,000 fine. The charge stems from a written bomb threat that was discovered in the Alpena High School E-House men's bathroom on May 1.

Schuelke appeared before 88th District Court Judge Theodore Johnson. His attorney, Dan White, said Schuelke was waiving his preliminary exam because they had reached a conditional agreement with the Alpena County Prosecutor's Office.

According to White, under the agreement his client would plead guilty to the current or a similar charge in circuit court and he would ask the court to sentence his client under HYTA. HYTA is a section of state law which allows youth between the ages of 17-21 to have a guilty plea removed by the court if the individual follows all of the terms of probation.

"If the individual complies with the terms of the probation, the plea is vacated. Then there was never a conviction," White said. "It gives the kid an opportunity to keep his record intact."

At the sentencing hearing in circuit court, Judge John Kowalski would determine whether Schuelke is eligible to be sentenced under HYTA. If Kowalski refuses to consider HTYA, White said his client has the right to return to district court for another preliminary exam.

Judi Twarozynski, chief assistant prosecuting attorney, said the proposed agreement is the proper punishment for the crime.

"I think based on the fact that Mr. Schuelke is (enrolled in) special education and there was no evidence of explosives or that he's capable of producing explosives, this is the proper punishment for the crime," she said. "He could still go to jail but he's held accountable for the crime."

Patty Ramus can be reached via e-mail at pramus@thealpenanews.com or by phone at 358-5687.